KAKA SINGH Vs. RAJINDER PAL SINGH

JUDGEMENT

(1.) SHRI Kaka Singh has filed the present criminal writ petition under Article 226 of the Constitution of India praying for the issuance of a writ in the nature of habeas corpus against Shri Rajinder Pal Singh, SHO Police Station Khamano, District Fatehgarh Sahib, directing him to immediately release the alleged detenus Sarvshri Gurmail Singh and Raghbir Singh.

(2.) IT was alleged by the petitioner that on 15th June, 1998, SHO Rajinder Pal Singh respondent, accompanied by the other members of the Police Party came to his house at about 11 p.m. and took away Gurmail Singh along with him without being involved in any criminal case. Similarly on 16th June, 1998 the respondent again raided the house and took away with him Raghbir Singh, father of the petitioner, when no case was registered against him, and both the alleged detenus were in the illegal custody of the respondent.

(3.) THE Warrant Officer raided the premises of Police Station Khamano on 17th June, 1998. On reaching there, the Warrant Officer disclosed his identity to the Munshi of the Police Station. While he was entering into the Police Station, the petitioner pointed out towards the alleged detenu Raghbir Singh, who was standing outside the outer gate of the Police Station. The Warrant Officer asked the Munshi about the other detenu Gurmail Singh, but he stated that he had no knowledge about him. Consequently, the Warrant Officer asked the Munshi of the Police Station to produce the roznamcha and simultaneously told the petitioner to search out the other detenu Gurmail Singh in the Police lock up as well as in the premises of the Police Station. The Warrant Officer stated checking the roznamcha in order to see if there was any entry pertaining to the arrest of Gurmail Singh in the roznamcha or not. In the meanwhile the petitioner succeeded in searching out Gurmail Singh in the Police Station premises. The Warrant Officer saw him with the petitioner just opposite to the office of the SHO towards the left inside the premises of the Police Station. It has also been observed by the Warrant Officer Shri Shambhu Nath that the SHO was not in the Police Station. He asked the Munshi as to why Gurmail Singh had been illegally detained in the Police Station. The Munshi did not give any reply. Rather he expressed his ignorance about it.